maternity shoot on bedrest - Cancel?

[abril1127]

I offered to do a free maternity shoot to a lady 6 months ago, told her to give me a call when she got bigger. So she did and we set up an apt for tomorrow.(Thursday) She just happened to mention that she is on bed rest and has been for 3 months now.
Should I cancel the shoot on her? I don't know what her medical needs are. I don't know what poses would be ok or not or if she would tell me if they weren't.
I am concerned about doing this.
Any thoughts?

[carrbowl]

April, this is her call and her responsibility. She is responsible for following her doctors orders, but I would make sure you have a form signed that says she is can ask to reschedule at anytime if she is uncomfortable or needs to rest. I was on "complete" bed rest for 3 1/2 months with my forth kid. I was suppose to only use the bathroom and take a shower every other day. If I really followed those rules, I wouldn't have been able to walk...literally. I took it easy, did not take care of the other three at home, and only did what I was comfortable doing, which wasn't much. Taking some photos should be tolerable...

[epoh]

Most likely you will be fine. But definitely call and discuss with her what her needs are. You may just need to shorten the session, and limit the standing poses.

[ShutteredEye]

I'd find out what her issues are.

If she's on bedrest for blood pressure issues, know that her bp can go up significantly just getting up from bed and moving to a chair. Probably not the best scenario...

[Howard Barlow]

Originally Posted by carrbowl

... but I would make sure you have a form signed that says she is can ask to reschedule at anytime if she is uncomfortable or needs to rest...

Huh? Why would April want anything signed? It was free offer. Why would the lady sign anything, since she has no obligation? What am I missing?

[CaptainTom]

Originally Posted by Howard Barlow

Huh? Why would April want anything signed? It was free offer. Why would the lady sign anything, since she has no obligation? What am I missing? Attachment 81470

If something should go wrong with the pregnancy, and It seems it already might have some problems, it would go a long way in a court of law if the subject put something in writing that indemnified the photographer.

However, I would stay away from this because you can never really be indemnified by a release form unless it goes through lawyers on both sides, etc.

[Howard Barlow]

I would not think such would have any standing in law. How can a recipient of a free gift agree to take the offer at a later date? It would make sense that the giver agreed to defer the gift, but not the recipient.

The recipient places no obligation, nor any type of release, by saying, "I will accept it later." The gift was offered, and it is a time is of the essence gift, being a maternity shoot. If the recipient is not able to take advantage of the offer, no obligation, or liability, accrues to the one who offers. Sorry, it just doesn't make any sense.

[carrbowl]

Howard I soooo agree with you. Does putting hot coffee between your legs and sueing McDonalds because it is too hot make sense? People are just down right crazy and will look for any reason to make a buck. And it always seems the nicer you are, the more you get screwed...not sure how that always works out that way, but it does. So I've learned that CYA is the best way to be, especially when things are free or you are doing it for friends.

[abril1127]

Well it turns out she canceled on me. She had a doc apt and did not think she could do both.
Funny thing about the McDonald coffee incident. (since it was brought up) We studied it in our business law class. She actually sustained 3rd degree burns and ended up having skin grafting....that's no regular cup of joe.
http://en.wikipedia.org/wiki/McDonald%27s_coffee_case

[toverman]

Maybe you can offer her a baby-and-mommy session later on if you feel like it.

[abril1127]

LOL See I have this strong inner dialog....One side is putting my foot down and telling me "NO MORE FREE Shoots!"
And the other side is whining about not quite being there and needing more practice.
When I am "there" will I know I'm "there" or will I always be critical?
....and this moment of Crazy brought to you by TPF!

[Howard Barlow]

Hot coffee? If the client said shoot anyway, perhaps there is liability for the photographer. In that case, the photographer would need indemnification, knowing the client is going AMA. Why not have her sign a release of liability, written by a lawyer? If a lawyer would not let her sign it, obviously, it would not accrue benefits to the photographer to continue.

I doubt a form saying she realized she could reschedule would suffice as a release of liability to the photographer. I expect it would merely mean she understood studio policy about appointments.

If the photographer in such a situation is a PPA member, it may do well to contact the legal dept for an opinion.